E Bull Jet Caravan: Kerala High Court rejects plea against proceedings to cancel registration

The Kerala High Court has dismissed a petition filed by one Ebin Varghese, who runs the popular YouTube channel 'E Bull Jet', challenging the decision of the Motor Vehicles Department to initiate proceedings to suspend/cancel his vehicle's registration for unauthorised modifications (Ebin Varghese v. State of Kerala & Ors.)..Single judge Justice Sathish Ninan dismissed the petition as he saw no reason to interfere in the matter that can be appealed before the concerned authorities as provided in the Motor Vehicles Act (Act)."Whether the registration is liable to be suspended/cancelled is a matter to be urged before and be considered by the authorities in terms of Section 53 and 54 of the Motor Vehicles Act. In view of the statutory remedy available, I do not consider it necessary or proper to entertain the challenge, in this writ petition," the Court said in its order. .Varghese is one of the two persons behind the E Bull Jet YouTube channel which had risen in popularity amongst auto enthusiasts especially since they created content around their Tempo Traveller which they had modified and converted to a caravan..Earlier this year, this modified caravan was inspected by the Regional Transport Officer who detected several violations of the provisions of the Act.The RTO recorded over seven violations of the Act related to unauthorised and illegal modifications. He also recorded one violation of Section 7 of the Kerala Motor Vehicles Taxation Act since no tax had been paid with respect to conversion of the vehicle from tempo to motor caravan. .Subsequently, Varghese was issued an e-Challan and a notice in terms of Section 53 of the Act calling upon him to show cause why the registration of the vehicle should not be suspended/cancelled..He, therefore, approached the Court seeking to quash the e-challan and show cause notice on the grounds that they are illegal and violative of fundamental rights. Advocate Phijo Pradeesh Philip, appearing for the petitioner, sought the release of the vehicle on the allegation that the seizure was illegal. He also sought a direction to the respondents not to initiate proceedings to cancel the registration of the vehicle..Senior Government Pleader Bimal K Nath, through the statement filed on behalf of the RTO, pointed out that violation of Section 39 of the Act sanctions seizure of the vehicle under Section 207.Similarly, non-payment of tax also would entail seizure and detaining of the vehicle under Section 11(1) of the Kerala Motor Vehicles Taxation Act, he added.Therefore, he asserted that the seizure cannot be said to have been made without authority. .The Court noted that the e-challan was issued, seizure was affected and notice was issued based on the violations recorded by the RTO.It also observed that prosecution has been launched by the authorised officer under Section 213(5)(e) of the Motor Vehicles Act before the Additional Chief Judicial Magistrate Court, Thalassery.The Court, therefore, declined to interfere with the e-challan and opined that the petitioner can defend his case against the same before the jurisdictional magistrate's court..Regarding the proceedings initiated for suspension of registration, the Court observed that it is only a show cause notice and the order issued for the same can be appealed against under Section 57 of the Act. Whether the violations alleged ought to result in suspension of registration is a matter to be considered by the concerned authorities as per Sections 53 and 54 of the Act and therefore, the Court declined to entertain the challenge to the show cause notice as well. .The petition was, therefore, dismissed.[Read Order]